Data protection and privacy policy

OUR PRIVACY POLICY

Amianto Operating Company Limited and The T&N Asbestos Trustee Company Limited (together “we”/“our”/“us” (“Amianto and T&N”) are committed to protecting and respecting your privacy and to manage and use any personal data that you provide to us in accordance with the General Data Protection Regulation (EU) 2016/679 “the GDPR” and the Data Protection Act 2018 (together the “Data Protection Laws”).

For the purpose of Data Protection Laws, Amianto Operating Company Limited of Suite 15F, MIOC, Styal Road, Manchester M22 5WB acts as data controller.

THE TYPES OF PERSONAL DATA WE COLLECT

So that we can properly process your claim in accordance with the Trust Distribution Procedures, we need to process your personal information. This will ensure that your claim is processed correctly, and the appropriate level of compensation is paid. The types of personal information that we process are as follows:-

• Details of your name, age, date of birth, address, gender, national insurance number, nationality, citizenship, contact information and similar information relating to family members and dependents where relevant
• Employment records such as the company you were employed by, the location, your occupation, data from employment cards, employment dates and HMRC records
• Data concerning your health, including medical records and expert reports
• Financial information such as bank details and records of contributions and payments
• If you contact us, we may keep a record of that correspondence
• Technical details of your visits to our websites and the resources that you access
• Details of your computer, including, but not limited to, IP address, operating system and browser type

HOW WE USE YOUR INFORMATION

Your personal data may be stored and processed by us in any of the following ways and for the following purposes:

• to assess and process your claim
• to make payments from the appropriate trust
• to ensure that content on our website is presented in the most effective way and to ensure that claims can be made efficiently

When we process your personal information, we recognise that we are required by law to have a ‘legal basis’ for processing. In processing your claim in accordance with the Trust Distribution Procedures, we are complying with legal obligations which is our lawful basis for processing. However, where we use your personal information to ensure the effective management of our website, we consider this to fall within legitimate interests as it allows us to improve our service for trust claimants.

SPECIAL CATEGORY PERSONAL DATA

Certain forms of personal data are subject to specific protection or restriction by law under the GDPR. For these purposes, “Special Category personal data” is data relating to: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, and data concerning health or sex life or sexual orientation.

Given the nature of the claims being made, we will regularly process health related data in the form of medical records and expert reports.

We will not process your Special Category personal data unless such processing is compliant with Data Protection Laws. The most relevant grounds under Data Protection Laws under which we will process your Special Category personal data are as follows:

• the processing is necessary for the establishing, exercising or defending legal claims (including claims into the Trust) or where courts are acting in their judicial capacity
• we have obtained your specific and informed consent

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

We may share your personal data with third parties primarily in circumstances where it is necessary to assess and process your claim including external legal advisors, experts and business consultants.

HOW WE SAFEGUARD YOUR INFORMATION

Our internal procedures cover the storage, access and disclosure of your information. All information you provide to us is stored on secure servers.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

RETENTION OF PERSONAL DATA

The length of time we will hold personal data will vary and will be determined by the following criteria:

• The purpose for which we are using it. We are required to retain the personal data for as long as is necessary to satisfy or meet the purpose for which it was obtained or any other legal purpose; and
• Legal Obligations. Laws or regulations may set a minimum period for which we must retain your personal data.

YOUR RIGHTS

You have legal rights in relation to the personal data about you we hold. These rights are subject to conditions and limitations and therefore might not be available in all circumstances.

• the right to obtain information regarding the processing of your personal data and access to the personal data about you that we hold
• where consent was provided for certain processing activities, the right to withdraw your consent to the processing of your personal data at any time. In some cases, withdrawing your consent to the collection, use or disclosure of some or all of your personal data may prevent us from providing services to you
• in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit that data to a third party where this is technically feasible
• the right to request that we rectify your personal data if it is inaccurate or incomplete
• the right to request that we erase your personal data in certain circumstances
• Please note that there may be circumstances where we are legally entitled to retain personal data regardless of any such request
• in certain circumstances, the right to request that we restrict our processing of your personal data
• the right to lodge a complaint with a supervisory authority (details of which are provided below)
• the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, or by contacting us

You can exercise these rights at any time by contacting us at enquiries@tandnasbestos.org.uk.

CHANGES TO THIS PRIVACY POLICY

Please note that we may change this privacy policy from time to time. If we do alter this policy in ways that allows us to handle your personal data in a significantly different manner to that stated, we will notify you via email or otherwise.

This privacy policy was last updated on 11 February 2020.

OUR DATA PROTECTION OFFICER (DPO)

We have an appointed DPO, HY Professional Services, who can be contacted in writing at HY Professional Services, 1 Reed House, Hunters Lane, Rochdale, OL16 1YL or by telephone on 0161 804 1144 or by email (DPO@wearehy.com).

COMPLAINT

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact our DPO in the first instance.

You can contact the ICO at:
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone helpline 0303 123 1113 (open 9am – 5pm Monday to Friday).

COOKIES

Like many organisations, our web servers (computers that host websites) place a “cookie” (a small data file) on the hard drive of your computer when you first connect to our site. This allows us to recognise your computer on return visits and helps us study traffic patterns on our website, to improve the site and the services that we provide.